Mercury Rising 鳯女

Politics, life, and other things that matter

Deriving their just powers

Posted by Charles II on August 27, 2010

Via Bradblog, the Memphis Flyer’s Jackson Baker reports that ten Democratic candidates have sued for injunctive relief after yet another extremely implausible election.

Last week the Shelby County Election Commission formally certified the August 5th election and issued a report chalking up a now infamous election-day glitch to “human error” without effect on any final outcome. But this week the number of litigants seeking to overturn that election has swelled from two to ten, as the entire slate of Democratic candidates defeated in races for countywide positions has joined in a revamped lawsuit which contends that the election results are “incurably uncertain.”

The suit, filed in Chancery Court Tuesday, will probably be combined with an earlier one which sought injunctive relief on behalf of two litigants, Regina Morrison Newman, the incumbent Trustee who had sought reelection, and Minerva Johnican, candidate for Criminal Court clerk. …

A handout issued at the press conference to media representatives itemized 12 different lapses or suspicious circumstances in the election. One of them involved the well-publicized fact, acknowledged in the Election Commission’s report, that early-voting data from the May countywide primary election was incorrectly entered into the electronic poll books (EPBs) used for August 5th voting — an error potentially affecting 5390 voters, many of whom were in fact originally told they had already voted and could not do so again on August 5….

Numerous other problems were listed as having been uncovered by the litigants and their consultants in a post-election investigation. Allegedly, for example, there was a discrepancy between the “Participating Voters List” of 176,119 voters and the SCEC’s “Certified Statement of Votes Cast,” showing 182,921 votes — a difference of “6,802 more votes…cast than individuals who participated.”

Also referred to in the handout were problems in the handling of provisional ballots for those voters who were turned away and who asked for such ballots; improperly discarded poll tapes; inconsistencies in poll-by-poll turnout reports; improperly sealed or unsecured “voting machines, tabulators, memory cards, and other voting apparatuses;” and even a “ghost race,” i.e., a voting-machine category hidden to voters but capable of being “used to transfer, delete, or temporarily store votes.”

And there was the issue of a “manual override” function in the Diebold Corporation machines, one which Election Commission officials acknowledge was used during the election period and which the litigants allege can be used to change vote totals — something which has been explicitly denied by Election Commission chairman Bill Giannini.

The Declaration of Independence says, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…”

Elections that no one trusts– even if they did not involve hanky panky– do not provide the consent necessary to call what emerges a government based on just powers. Shelby County has, according to the allegations presented to the court, become an ulcer of injustice on this country.

Expect much more of this in the November elections.

One Response to “Deriving their just powers”

  1. Funny how while Republicans whine to favored media tools about vote fraud, Democrats actually have things like evidence that they trust to stand up in court.

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